The reflection of Shia jurisprudence in the legal system of Islamic countries, a case study: economic analysis of banking civil partnership contracts

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Mirzai Mohammad Javad; MOGHADARI AMIRI ABBAS; Alamzadeh Mohammad

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Journal Paper

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Journal: INTERNATIONAL LEGAL RESEARCH Year:2022 | Volume:15 | Issue:55 Page(s): 517-536

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Title

The reflection of Shia jurisprudence in the legal system of Islamic countries, a case study: economic analysis of banking civil partnership contracts

Author(s)

Mirzai Mohammad Javad | MOGHADARI AMIRI ABBAS | Alamzadeh Mohammad

Keywords

Economic Analysis of Law

Banking Civil Partnership

Partnership Contracts

Without Usury Banking

Abstract

Field and Aims: The Partnership Contracts are one of the obvious methods for allocating the resources in Without Usury Banking and the purpose of partnership contract is "contribution contract" in juridical books which the parties by merging each other’, s properties and capitals, agree to cooperate in a specific business and share the profit and loss between themselves in proportion to their portion. However, in practice banks use a category of contracts to decrease the risk of repayment of such loans, increase of profit and avoid from imperative profit rate. Method: The present research was carried out using a descriptive and analytical method. Finding and Conclusion: added some conditions in the contracts of guarantee, settlement of account, donation and etc. in order to reach the fixed rate of profit they expect in exchange contracts in the form of partnership. Including such conditions in such a contracts lead to substantive exit of contract from common definition of partnership contract. But the operation of banks in Economic Analysis of Law is nothing except to try to earn profit and avoid loss based on the theory of reasonable behavior in economy. So, it seems the first step to amend this defective cycle is consider the problem of inflation and decrease of value of money as one of the facts in country's economy. The solution is to finance partnership projects by banking investment funds or it is independent from banks.

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APA: Copy

Mirzai, Mohammad Javad, MOGHADARI AMIRI, ABBAS, & Alamzadeh, Mohammad. (2022). The reflection of Shia jurisprudence in the legal system of Islamic countries, a case study: economic analysis of banking civil partnership contracts. INTERNATIONAL LEGAL RESEARCH, 15(55 ), 517-536. SID. https://sid.ir/paper/1062020/en

Vancouver: Copy

Mirzai Mohammad Javad, MOGHADARI AMIRI ABBAS, Alamzadeh Mohammad. The reflection of Shia jurisprudence in the legal system of Islamic countries, a case study: economic analysis of banking civil partnership contracts. INTERNATIONAL LEGAL RESEARCH[Internet]. 2022;15(55 ):517-536. Available from: https://sid.ir/paper/1062020/en

IEEE: Copy

Mohammad Javad Mirzai, ABBAS MOGHADARI AMIRI, and Mohammad Alamzadeh, “The reflection of Shia jurisprudence in the legal system of Islamic countries, a case study: economic analysis of banking civil partnership contracts,” INTERNATIONAL LEGAL RESEARCH, vol. 15, no. 55 , pp. 517–536, 2022, [Online]. Available: https://sid.ir/paper/1062020/en

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